Ravikumar, R v
The original sentence was unduly lenient because the aggravating feature of four persons being seriously injured outweighed the mitigating factors; the balancing should have resulted in an upward movement from the guideline starting point, not downward.
- Parties
- Applicant: Attorney-General; Respondent: Yaashmi Ravikumar
- Jurisdiction
- England and Wales
- Judgment Date
- 04 September 2020
- Procedural Posture
- Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988; Sentencing Review
- Outcome
- appeal allowed; sentence increased
- Legal Topics
- Causing Death by Dangerous Driving, Causing Serious Injury by Dangerous Driving, Sentencing Guidelines, Leniency, Mitigating and Aggravating Factors
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney-General
Applicant
Yaashmi Ravikumar
Respondent
Procedural Posture
Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988; Sentencing Review
Legal Issues
- 1 Was the original sentence for causing death and serious injury by dangerous driving unduly lenient?
- 2 What is the appropriate sentence balancing aggravating and mitigating factors?
Ratio Decidendi
The original sentence was unduly lenient because the aggravating feature of four persons being seriously injured outweighed the mitigating factors; the balancing should have resulted in an upward movement from the guideline starting point, not downward.
Court Disposition
appeal allowed; sentence increased
Orders
- Sentences imposed below quashed as unduly lenient.
- Substituted sentence: on count 1, two years four months' detention; on counts 2-5, 18 months' detention each, all concurrent.
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